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Appeals panel agrees Campbell man had no self-defense claim in murder

YOUNGSTOWN — At least a half dozen criminal cases in Mahoning County Common Pleas Court over the past year have involved the idea of self-defense — that a person killed or injured someone but only in self-defense.

Such cases sometimes capture the public’s imagination because a person otherwise leading a law-abiding life faces a long prison sentence for using deadly force against another in what they argue was self-defense.

The February trial of John E. Morgan, 48, of Campell, is one such case. Morgan cried at his April 5 sentencing hearing, where he got 18 years to life in prison for shooting to death Daniel Peek Sr., 46, outside of Peek’s South Side home in 2022. Morgan was convicted at trial of murder and felonious assault.

Morgan claimed he was only going to Peek’s home to pick up his daughter and grandson to take them to a family get-together. But prosecutors said Morgan knew his daughter had taken his grandson elsewhere in the neighborhood to be picked up and that Morgan purposely went to Peek’s house to confront Peek.

Prosecutors said Morgan harbored animosity toward Peek because Morgan’s estranged wife left him for Peek, and the two men had clashed in the past. The trial attracted the attention of a film crew from the A&E Network, which was working on a true-crime program that apparently has not yet aired.

Last month, the 7th District Court of Appeals released its ruling in Morgan’s appeal of his conviction and sentence, upholding both, meaning Morgan’s first parole hearing will be in 2042, when he is 66 years old, unless something changes.

Morgan’s defense team tried to convince the jury that Morgan was justified in firing his gun at Peek as Peek ran away because of the beating Morgan had just taken from Peek and his son. The appeals panel disagreed wholeheartedly.

In closing arguments in the trial, defense attorney Brandon Henderson of Cleveland told the jury in the courtroom of Judge Maureen Sweeney that they should consider that Morgan had just taken a beating before firing his gun.

Henderson said that shortly after the confrontation between Morgan and Peek began, Peek’s son came to the aid of his father, and the two of them kicked and stomped Morgan in the head.

Morgan had lost his firearm at that point but found it again on the ground, picked it up and fired it at Peek. By that time, Peek’s son had run away, apparently at the request of his father.

Henderson said video footage of the fight captured by a dash cam in Morgan’s car showed that Morgan had less than one second from the time Morgan regained the firearm to when he fired the fatal shot. “God help any of us if we are ever in a situation where we’re beaten around like John was and we’re put in that position and in 0.8 seconds we’re supposed to make some type of rational decision. It’s just not possible.”

Henderson continued, “Go back in the jury room and knock yourself around in the head. Have each other kick around your skull like a soccer ball, because that’s actually what happened to John. See if you are able to actually make a rational decision at that point.

“You’ll see it’s just not possible, especially in .8 seconds. You’re asking him to make a mental, intentional decision — either intentional or knowing — when you are … blurry, when your head is seeing stars,” he said.

“We have a vital right as abiding citizens of the United States to legally protect ourselves. And any time we are confronted by a life-threatening, serious situation … we are allowed to use self-defense,” Henderson said.

But the jury rejected Morgan’s self-defense claim, and the appeals panel agreed. Some of the testimony the appeals panel cited came from Youngstown Police Detective Anthony Vitullo regarding a phone call Peek made to Morgan about six weeks prior to the deadly confrontation.

Vitullo testified that during an interview after the killing, Morgan admitted that he thought it was “fun messing with (Peek) by getting (Peek) more and more angry” and that Morgan told Peek he was still having sex with his estranged wife.

Vitullo “did not notice any serious injuries on (Morgan), only some minor redness,” and Morgan “did not ask for any medical treatment,” the ruling stated. Vitullo also testified to recorded calls involving Morgan while Morgan was in the Mahoning CountyJail, awaiting trial. In one call, Morgan “admitted he was wrong for shooting” Peek, the ruling states.

The dash cam video showed that although Morgan’s daughter and grandson were “waiting for (Morgan) on the corner, (Morgan) did not drive to them but instead pulled up to (Peek’s) driveway. (Peek) came off his porch and said something to (Morgan, who) got out of his car holding a handgun. (Morgan) fired a single shot into the ground near (Peek’s) feet,” the ruling states.

This caused Peek to turn his back to Morgan, who then jumped on Peek’s back, the ruling states. The two men fell to the ground and fought. Then Peek’s son joined the fight, allowing the Peeks to get an advantage, but Peek’s son ran off, apparently at his father’s insistence. Then Morgan found the gun on the ground and fired it at Peek, who was “two or more car lengths away from” Morgan, killing Peek, the ruling states. Morgan told police that after he fired the first shot, he “attempted to fire additional rounds into (Peek’s) back but the gun did not go off,” the ruling states.

“On the day of the incident. (Morgan) wanted to pick up (his daughter) from (Peek’s) house, despite her request to be picked up at the corner,” the ruling states. Morgan’s “dash-cam video shows (his daughter) and her son near the corner away from (Peek’s) house as (Morgan) was driving. (Morgan) claimed he did not see them waiting for him on the corner,” the ruling states.

During the trial, Henderson asked Morgan why he did not leave after seeing that Peek was angry as Morgan pulled into his driveway. Morgan said it was because he did not know where his daughter and grandson were, adding, “I’m not just going to leave and leave them there.”

Morgan failed to prove that he faced any of the conditions that would have given him a legitimate self-defense claim, the ruling states.

Morgan was at fault for causing the confrontation, and he did not have a “bona fide belief that he was in imminent danger of death or great bodily harm at the time he killed” Peek, the ruling states.

“In fact, (Morgan) admitted at the jury trial that (Peek) did not pose any imminent threat to him, and (Morgan) was not in any danger at the time he shot and killed him,” the ruling states.

As for Henderson’s argument that Morgan suffered a beating that impeded his ability to decide quickly whether to shoot at Peek or not, the ruling stated, “Any claim by (Morgan) that he was in a daze as a result of being punched is dispelled by the evidence.”

The ruling concluded, “Based on the foregoing, the record reveals (Morgan) violated his duty to retreat or avoid the danger,” the ruling says. “Once a threat has been removed, a person’s right to self-defense has ended. Here, any claimed right of self-defense ended when (Peek) started running away from” Morgan.

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